NEWPAR ESTATES v. BARILLA


4 A.D.2d 186 (1957)

Newpar Estates, Inc., Appellant, v. Peter Barilla, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 25, 1957.


Attorney(s) appearing for the Case

Albert Adams of counsel (Ferris, Adams & Creidy, attorneys), for appellant.

Seymour M. Klein of counsel (Gabriel B. Schwartz and John P. Cuddahy with him on the brief; Schreiber, Klein & Opton, attorneys), for respondent.

FRANK, VALENTE, McNALLY and BASTOW, JJ., concur in Per Curiam opinion; BOTEIN, J. P., dissents and votes to affirm in opinion.


Per Curiam.

Plaintiff, mortgagor, brought this action to have expunged from the record a contract which the defendant, third mortgagee, allegedly in violation of his agreement, had recorded. Neither the plaintiff nor its president, the other parties to the contract, had acknowledged their signatures. Defendant, however, had procured the inclusion of the contract in the record by attaching it to an assignment and reassignment...

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